Specific performance of property

PREET SRIVASTAVA (Querist) 10 May 2017 This query is : Resolved
I had filed a suit for specific performance. The defendant filed an Application for Rejection of my suit under Order VII. My lawyer has replied to all the points by simply stating "That the contents of the para... are wrong and denied. It is denied that.. (repeating the language used by the defendant)". I have the answers to all the points of the defendant, but my lawyer says that the onus is on him to prove the points that he has raised and therefore his reply is correct. Is this the correct way of replying. I fear that my suit might be set aside. Kindly revert.

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Kishor Mehta (Expert) 11 May 2017
Sir,
While it is correct that the onus is on the person who has raised the points and it is a common practice just to deny. However it may be helpful if the facts of the matter, with tangible and verifiable evidence, are put before the authorities.
Good luck,
Kishor Mehta

Kiran Kumar (Expert) 11 May 2017
while giving written reply to a case/application....its necessary to deny each and every false allegation of the applicant in specific terms...as your lawyer did...

however, wherever any explanation is needed in order to state true facts of the case...those facts are also required to be included in the reply...

since entire set of documents are not here....so a specific advice cannot be extended regarding facts of your case.

Rajendra K Goyal (Expert) 11 May 2017
You should believe and have trust / faith in your lawyer.

If you do not have faith, change your lawyer.

Kumar Doab (Expert) 11 May 2017
Agreeing with experts: You can have 2nd opinion by showing case file from local counsel specializing in such/civil matters.

Dr J C Vashista (Expert) 12 May 2017
I fully agree and appreciate the expert advise of Mr. Rajendra K Goyal.

Your lawyer is able and intelligent enough to sail through the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (as amended), if you enjoy his/her faith; otherwise, you should change him/her instantly.